Exmark Manufacturing Company Inc. v. Briggs & Stratton Power Product Group

Filing 730

STRICKEN - ORDER setting response deadline on MOTION to Transfer 715 .Ordered by Magistrate Judge Cheryl R. Zwart. (Zwart, Cheryl) Modified on 5/7/2018 to add "stricken" text pursuant to Order 731(TLSS).

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
EXMARK MANUFACTURING COMPANY
INC.,
8:10CV187
Plaintiff,
ORDER

vs.
BRIGGS & STRATTON CORPORATION,
Defendant.

On April 16, 2018, Defendant Briggs & Stratton Corporation filed a motion to
transfer the above-captioned case to the Eastern District of Wisconsin. (Filing No. 715).
The supporting brief argues transfer of this matter is mandatory under TC Heartland
LLC v. Kraft Foods Group Brands LLC, 137 S. Ct. 1514, 1520 (2017)(holding that a
“civil action for patent infringement” may be brought in only the judicial district where the
defendant is incorporated, or where the defendant has committed acts of infringement
and has a regular and established place of business.). Plaintiff’s response to
Defendant’s Motion to Transfer was due on April 30, 2018, but no response has been
filed to date. Accordingly,

IT IS ORDERED:

1)

Plaintiff shall file a response to the motion to transfer by May 11, 2018.

2)

Irrespective of whether it opposes the motion or concedes that transfer is

necessary, Plaintiff’s response shall explain the factual and legal basis for its position.

Dated this 7th day of May, 2018.
BY THE COURT:
s/ Cheryl R. Zwart
United States Magistrate Judge